Springfield-Greene
County LibraryNovember Term 1849
p 313.
Be it remembered that a regular term of the Circuit held on the 26th day of November 1849 at the Court House in the City of Springfield. Present - the Honorable Charles S. Yancey Circuit Judge, John T. Coffee esq Circuit Attorney, George W. Kelley esq, Sheriff of Greene County and Joshua Davis Clerk of said Court, and at said term of said Court the following proceedings were had.
Ordered that the Court be adjourned to the Methodist Church in said city of Springfield. Now at this day come the Sheriff and returns into Court the venire for a Grand Jury. Heretofore issued with following pannel endorsed thereon, to wit: 1. B.A. James who was by the Court appointed foreman thereof 2. Robert W. Jameson 3. David Ralston 4. David McHaffie 5. Jas. M. Allen 6. Wm. T. Burford 7. B.C. Thomas 8. John H. Aiken
9. Nenevah C. Barns 10. R.B. Coleman 11. Jas. Jeffries 12. Peter R. Wallace 13. Wm. G. Summers 14. Franklin T. Frazier 15. Anthony Garroutte 16. John Clifton sixteen good and lawful men duly elected, empannelled, sworn and charged as Grand Jurors for the County of Greene aforesaid retired to consider of their duties.
p 314.
State of Missouri Plaintiff
vs Indictment for Gaming
James R. Long Defendant
Now at this day comes the Prosecuting Attorney who prosecutes in behalf of the State of Missouri, the Defendant being also present and for a plea thereof says that he is guilty in manner and form as charged against him in said indictment. Neither party requiring a Jury the said cause is submitted to the Court and the Court setting as a Jury do assess a fine against him, the Defendant, in the sum of $10. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $10 assessed as aforesaid together with her costs and charges in this behalf expended for all of which execution may issue.
73
GREENE COUNTY, MISSOURI, COURT COURT CASES
Book C.
November Court 1849
p 315, 316-nil
p 317.
Indictments by State of Missouri against
John Wilkinson - Gaming
Samuel Simpson - Gaming
John Campbell - Gaming
John Lawson - Gaming
Seth Vaughn - Gaming
Eli Ammstrong - Gaming
Henry Inman - Gaming
Harrison Painter - Gaming
John Gott - Gaming
Manly Cox - Gaming
Allen Fielding - Gaming
p 317.
State of Missouri Plaintiff
vs Indictment for Gaming
Hugh Cunningham Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri, the Defendant in this case being also present and for a plea thereof says he cannot deny but that he is guilty in manner and form as charged in the said Indictment and neither party requiring a Jury do assess a fine against the said Defendant in the sum of ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended for all of which execution may issue.
p 317.
State of Missouri Plaintiff
vs Indictment Assault With Intent To Kill
James Bealer Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri, the Defendant in this case being also present and for a plea thereof says he is not guilty in manner and form as charged in said Indictment and of this he puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Fleming Purselly, Thomas Tiller, W.G. Roberts, John Dixon, Sam'l McClelland, Kindred Rose, Wm. Townsend, Wm. L. Daniel, Wm. Hancock, Henry Fulbright, Harrison Painter and William Gray, twelve good and lawful men, elected, tried and sworn well and truly to try the issue joined after hearing the evidence returned into Court the following verdict "We the Jury find the Defendant not guilty in manner and formt as charged in said Indictment." It is therefore considered by the Court that the said State of Missouri take nothing by her said Indictment and that the said Defendant be hereof discharged and go hence without day.
p 318.
State of Missouri Plaintiff
vs Indictment for Gaming
Hurt Wilkinson Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said Hurt Wilkinson comes not but made default after being three times solemnly called and his security in his recognizance being also three times solemnly called comes not and failed to bring into Court the body of the said Defendant and surrender him into the custody of the Court to answer unto an Indictment depending in the Court against him. It is therefore considered by the Court that said recognizance be forfeited and that the State of Missouri have of and from the said Hurt Wilkinson and John Wilkinson, his security, the sum of $100 to be levied of their respective lands (continued)
74
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
November Court 1849
Book C.
p 318 (cont)
and tenements goods and chattles and that a sciri facias issue against said Defendant and John Wilkinson to show cause if any they have why execution should not issue for the same said sciri facias to be returnable to the first day of the next term of this Court.
State of Missouri Plaintiff
vs Indictment for Gaming
Deverin Jarratt
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said Deverin Jarratt comes not but made default after being three times solemnly called and his security in his recognizance being also three times solemnly called comes not and failed to bring into Court the body of the said Defendant and surrender him into the custody of the Court to answer unto an Indictment depending in the Court against him. It is therefore considered by the Court that said recognizance be forfeited and that the State of Missouri have of and from the said Deverin Jarratt and Joseph D. Haden, his security, the sum of $100 to be levied of their respective lands and tenements goods and chattles and that a sciri facias issue against said Defendant and Joseph D. Haden to show cause if any they have why execution should not issue for the same said sciri facias to be returnable to the first day of the next term of this Court.
p 319.
State of Missouri Plaintiff
vs Indictment for Gaming
A.J. Klepper Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said A.J. Klepper comes not but made default after being three times solemnly called and his security in his recognizance being also three times solemnly called comes not and failed to bring into Court the body of the said Defendant and surrender him into the custody of the Court to answer into an Indictment dependinq in the Court against him. It is therefore considered by the Court that said recognizance be forfeited and that the State of Missouri have of and from the said A.J. Klepper and Thomas A. Hagen, his security,the sum of $100 to be levied of their respective lands and tenements goods and chattles and that a sciri facias issue against said Defendant and Thomas A. Hagen to show cause if any they have why execution should not issue for the same said sciri facias to be returnable to the first day of the next term of this Court.
State of Missouri Plaintiff
vs Indictment for gaming
A.J. Klepper Defendant
Now at this day come the Defendant by his attorney and moves the Court to set aside the forfeiture of his recognizance in this cause and all and singular the premises being seen and fully understood, it is therefore considered by the Court that said motion be sustained and that said forfeiture be set aside accordingly at the costs of said Defendant and that execution issue therefor.
State of Missouri Plaintiff
vs Indictment for gaming
Hurt Wilkinson Defendant
Now at this day come the Defendant by his attorney and moves the Court to set aside the forfeiture of his recognizance in this cause and all and singular the premises being seen and fully understood, it is therefore considered by the Court that said motion be
(continued)
75
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849
p 319 (continued)
sustained and that said forfeiture be set aside accordingly at the costs of said Defendant and that execution issue therefor.
State of Missouri Plaintiff
vs Indictment for Gaming
Deverin Jarrett Defendant
Now at this day come the Defendant by his attorney and moves the Court to set aside the forfeiture of his recognizance in this cause and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said motion be sustained and that said forfeiture be set aside accordingly.
p 320.
State of Missouri Plaintiff
vs Indictment Assault With Intent To Kill
William Cunningham Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and Pleasant J. McCullough a witness in this cause who had been recognized to appear at this term of this Court on the first day thereof but makes default after being three times solemnly called failed to appear to testify in this cause. It is therefore considered by the Court that said recognizance be forfeited, and that said State of Missouri have and recover of and from the said Pleasant J. McCullough the sum of $200 to be levied of his lands and tenements goods and chattels and that a sciri facias issue directed to the Sheriff of Ozark County returnable to the first day ofthe next term of this Court to show cause if any he has why an execution issue for the same.
Hiram Smith Plaintiff
vs Appeal J.P.
Samuel Harris Defendant
Now at this day comes the Defendant in this cause by his attorney and moves the Court to dismiss this cause because the said Plaintiff has failed to file an additional bond for costs in this cause agreeably to an order of this Court. It is considered by the Court that said motion be sustained by the Court and that said Defendant have and recover of and from said Plaintiff his security in his appeal bond, his costs and charges in this behalf laid out and expended for all of which execution may issue.
p 321-nil
p 322.
James F. Hornbeak Plaintiff
vs Appeal J.P.
Peter Apperson Defendant
Now at this day comes the said parties by their respective attorneys and by consent of said parties the Defendant confessed a Judgment for $14.96. It is therefore considered by the Court that said Plaintiff have and recover of and from said Defendant the afore said sum of $14.96 together with his costs and charges in this behalf expended and that no execution be issued until the next term of this Court. Crabtree Price, Denny Turner in their own right and Young A. Anderson as Guardian of the minor heirs of Faith Darnell decd. Exparte. Petition for partition. Now at this day come the respective parties into Court by their attorney and file herein their petition for partition of the following described Real Estate to wit:
(continued)
76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C
November Court 1849
p 322 (continued)
the SE 1/4 of Sect 13 Township 29 Range 20 containing 160 acres, and all that part of the SE 1/4 of the NE 1/4 Sect 13 Township 29 Range 20 lying SE of the middle of the main channel of James Fork of White River containing 15 acres 3 roods and 12 perches and the petition and matters therein contained being heard and fully understood by the Court finds that Crabtree Price is entitled to the W 1/2 of the aforesaid SE 1/4 of Sect 13 Township 29 Range 20 W containing 80 acres according to the subdivision lines and that said Denny Turner in right of John G. Cardwell and Faith Cardwell formerly Faith Darnell wife of the said John G. Cardwell and Elizabeth Darnell, Susan Darnell, Nicholas Darnell, Lucy Darnell, Sarah Darnell, William Darnell, Edward Darnell and Nancy Darnell as minor heirs of Faith Darnell, dec'd,are each entitled to one-ninth part of the E 1/2 of the SE 1/4 of Sect 13 Township 29 of Range 20 W containing 80 acres and of the above described 15 acres 3 roods and 12 perches making in all 95 acres 3 roods and 12 perches. It is therefore ordered and adjudged that partition and division be made of the above described premises according to the above finding of this Court and that Samuel Caldwell, Laban Ford and John W. Steele are hereby appointed as Commissioners to make partition accordingly if the same can be done without great prejudice to the parties and not report that fact to this Court and that they make report to this on the next term of this Court.
p. 323. Wednesday Morning
State of Missouri Plaintiff
vs Indictment for Gaming
Eli Armstrong Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his Demurrer in this cause and the said State joined in Demurrer and all and singular the premises being seen and fully understood by the Court said Demurrer is by the Court overruled and then the Defendant by his attorney confessed the Indictment to be true and thereupon the Court does assess his fine at ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant-the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended and that an execution issue therefor with a capias clause therein.
p 324.
State of Missouri Plaintiff
vs Indictment for Gaming
John Gott Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his demurrer in this cause and the said State joined in demurrer, and all and singular the premises being seen and by the Court fully understood, said demurrer is by the Court overruled and then the Defendant by his attorney confessed the indictment to be true, and thereupon the Court doth assess his fine at ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with his costs in this behalf laid out and expended and that execution issue therefor with a clause of capias inserted therein.
State of Missouri Paintiff
vs Indictment for Gaming
Henry Inman Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files here in his demurrer in this cause and the said State joined in the demurrer and all and singular the premises being seen and by the Court fully understood said demurrer is by the Court overruled. And then the Defendant confessed the Indictment to be true and thereupon the Court doth assess his fine at ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended and that execution issue therefor with a clause of capias therein.
77
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C. November Court 1849
p 324/325.
State of Missouri Plaintiff
vs Indictment for Gaming
Harrison Painter Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his demurrer in this cause and the said Court joined in the demurrer and all and singular the premises being seen and by the Court fully understood said demurrer is by the Court overruled, and then the Defendant confessed the Indictment to be true and thereupon the Court doth assess his fine at ten dollars. It is therefore considered by the Court that
the said State of Missouri have and recover of and from the said Defendant the aforesaidsum of ten dollars together with her costs in this behalf laid out and expended and thatexecution issue therefor with a clause of capias therein.
p 325.
State of Missouri Plaintiff
vs Indictment for Gaming
John Cox Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his demurrer in this cause and the said State joined in the demurrer and all and singular the premises being seen and by the Court fully understood said demurrer is by the Court overruled, and then the Defendant confessed the Indictment to be true and thereupon the Court doth assess his fine at ten dollars. It is therefore considered by the Court that
the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended and that execution issue therefor with a clause of capias therein.
State of Missouri Plaintiff
vs Indictment for Gaming
Deverin Jarratt Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his demurrer in this cause and the said Court joined in the demurrer and the premises being seen and by the Court fully understood said demurrer is by the Court overruled, and then the Defendant confessed the Indictment to be true and thereupon the Court doth assess his fine at ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended and that execution issue therefor with a clause of capias therein.
State of Missouri Plaintiff
vs Indictment for Gaming
Carrick Akin Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his demurrer in this cause and the said State joined in the demurrer and all and singular the premises being seen and by the Court fully understood said demurrer is by the Court overruled, and then the Defendant confessed the Indictment to be true and thereupon the Court doth assess his fine at ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended and that execution issue therefor with a clause of capias therein.
p 325.
State of Missouri Plaintiff
vs Appeal J.P.
William Hancock Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the said State of Missouri and the Defendant being also present and the motion heretofore filed to strike
(cont)
78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court
p 325 (continued)
this cause from the docket come up to be heard and all and singular the premises being seen and by the Court fully understood the said motion is by the Court overruled, to which opinion of the Court in overruling said motion the said Defendant excepts and by leave of the Court files herein his bill of exceptions in this cause and prays that the same may be signed sealed and made a part of the record in this cause which is done accordingly.
p 326. Thursday Morning.
James F. Hornbeak Plaintiff
vs
John P. Campbell Defendant
Now at this day comes the Plaintiff in this cause by his attorney and moves the Court for a continuance of this cause until the next term of this Court and all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said motion be continued until the next term of this Court and that the said Defendant have of and from the said Plaintiff his costs in this behalf and that he have thereof execution.
p 326/327.
Grand Jury presented 8 true bills of Indictment, none with Defendants names.
p 327.
Isaac Redfern Plaintiff
vs Appeal J.P.
Thomas H. Phillips Defendant
Now at this day come the said parties by their respective attorneys and thereupon come a Jury, to wit: William A. Thawing, John 0. Sheppard, William L. Herrington, William G.Roberts, Larkin Payne and Joseph H. Miller, six good and lawful men duly elected tried and sworn well and truly to try the issue joined and not having time to determine upon their verdict was discharged under the usual rule of the Court until tomorrow morning at
8 o'clock.
p 328.
Now at this day comes the Grand Jury empannelled at this term of this Court and presents the following as true bills of Indictment, viz
State of Missouri Plaintiff
vs A True Bill
John Burns Defendant
State of Missouri Plaintiff
vs A True Bill
William J. Potter and Elias Potter Defendants
And having further business retired to consider of their duties which said bills were by the Court ordered to be filed.
State of Missouri Plaintiff
vs Indictment for Feloniously Exposing an Infant
Elias Potter Defendant
Now at this day comes Elias Potter as Principal, Thomas Potter, William Potter and Elizabeth Popejoy, his securities, and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the suni of $1000 to be levied of their respective goods and chattels lands and tenements to be void upon this condition that if
(continued)
79
GREENE COUNTY, MISSOURI, COURT CASES
Book C.
November Court 1849
p 328 (continued)
the said Elias Potter shall make his personal appearance at the next term of the Greene Circuit Court on the first day thereof which will be held on the fifth Monday after the fourth Monday in April, next, at the Court House in the city of Springfield to answer unto the State of Missouri an Indictment found against him at this term of this Court for Felonious Abandoning a Female Infant and not depart the same without leave and also obey all the orders of said Court which shall be made touching the premises, then the above recognizance shall be null and void, otherwise to remain in full force and virtue.
p 328/329.
State of Missouri Plaintiff
vs Indictment for Feloniously Exposing an Infant
William J. Potter Defendant
Now at this day come William J. Potter as principal, Thanas Potter, William Potter and Elizabeth Popejoy, his securities and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $1000 to be levied of their respective goods and chattles lands & tenements to be void upon this condition that if the said William J. Potter shall make his personal appearance at the next term of theGreene Circuit Court on the first day thereof which will be held on the fifth Monday after the fourth Monday in April next (1850) at the Court House in the city of Springfield then and there to answer unto the State of Missouri in an Indictment found against him by the Grand Jury at this term of this Court for Feloniously Abandoning a Female Infant and not depart the same without leave and also obey all the orders of said Court which shall be made touching the premises then the above recognizance shall be void otherwise to remain in full force and virtue.
p 329.
Ordered by the Court that B.L. Hendrick be permitted to sign the Roll of Attorneys.
State of Missouri Plaintiff
vs Attachment
John Edwards Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri the Defendant by his attorney being also present, and it appearing to the satisfaction of the Court that the said Defendant had failed to obey the process of this County and all and singular the premises being seen and fully understood by the Court, it is considered by the Court that a fine of ten dollars be assessed against him for his contempt. It is considered by the Court that the said State of Missouri have and recover of and from said Defendant the aforesaid sum of ten dollars together with her costs in this behalf expended and that execution issue therefor with a clause of capias therein.
p 330. Friday Morning
Isaac Redfern Plaintiff
vs Appeal J.P.
Thomas H. Phillips Defendant
The Jury came into Court and returned the following verdict "We the Jury find for the Plaintiff the sum of twenty two dollars and fifty one and onehalf cents debt and two dollars and sixtyfive cents damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant and Stephen Dorrell, his security in his recognizance for his appeal, the aforesaid sum of twentytwo dollars and fiftyone and onehaif cents for his debt and two dollars and sixtyfive cents for his damages for the detention thereof together with his costs in this behalf laid out and expended for all of which execution may issue.
80
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
p 331.
Otis Everett Plaintiff
vs Petition in Debt
N.R. Smith and J.H. McBride Defendants
Now at this day come the said Defendants by their attorney and the motion to dismiss this cause for the lack of Plaintiff's having filed a good and sufficient bond for the costs of this suit and all and singular the premises being seen and fully understood it is considered by the Court that said motion be sustained and said cause dismissed.
State of Missouri, to the use of
John H. Howard
vs Debt on Bond
Stanford B. McLernon
Now at this day come the Plaintiff by his attorney and moves the Court for leave to amend his said declaration in this cause and all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said nOtion be sustained and that said declaration be amended by inserting the word "three" immediately preceding the words hundred dollars and therefore this suit brought is brought at the close of the declaration and in the lieu of the word one.
p 331/332.
Bank of the State of Missouri Plaintiff
vs Petition in Debt
Isaac Woods, Henry Hiclanan, Jesse Hickman
Now at this day come the Plaintiff in this cause by her attorney and says by leave of the Court he will no further prosecute this said suit against the said Isaac Woods but will suffer the same to be dismissed and all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said motion be sustained, and it also appearing to the satisfaction of the Court that Henry Hickman and Jesse Hickm,an have been served with Process and being three times solemnly called, come not but make default, the demand being founded on an instrument of writing and the amount being ascertained thereby the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of $183.40. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sum of $183.40 together with her costs in this behalf laid out and expended for all of which execution may issue.
p 333.
Grand Jury presented 8 True Bills of Indictment - no Defendants names.
Joseph K. Gibson Plaintiff
vs Appeal J.P.
Lambert P. Ayres Defendant
Now at this day come the parties by their respective attorneys and thereupon came a Jury, to Wit: J.M. Rountree, John Delaney, Benjamin Beal, Solomon Cotner, William Hightower, William G. Roberts, six good and lawful men duly elected tried and sworn well and truly to try the issue joined after hearing the evidence returned into Court the following verdict: "We the Jury find for the Plaintiff the sum of $80 for his debt and $3.20 for his damages for the detention thereof. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $80 for his debt and $3.20 for his damages together with his costs in this behalf laid out and expended for all of which execution may issue.
p 334, 335 - nil
81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849
p 336
James Porter Plaintiff
vs Petition in Debt
Jacob McParagien Defendant
Now at this day come the Plaintiff in this case by his attorney and the Defendant having been thrice solemnly called comes not but makes default and the demand being founded on an instrument of writing and the amount ascertained thereby, the Court setting as a Jury, do find that the said Defendant owes and is indebted to the said Plaintiff in the sum of $377.15 debt and $28.27 damages, it is therefore considered by the Court that the said Plaintiff have and recover of said Defendant the aforesaid sum of $377.15 debt and $28.27 damages together with the costs and charges in this behalf laid out and expended for all of which execution may issue.
Labbert P. Ayres Plaintiff
vs Appeal J.P.
Zachariah Sims Defendant
Now at this day comes the parties in this cause by their respective attorneys and there upon came a Jury, to wit: Washington Meritt, John H. Miller, William McFarland, Elijah Gray, Abner Hamlin and Edmund Turner, six good and lawful men duly elected tried and sworn to try the issue joined after hearing the evidence returned into Court the following verdict "We the Jury find the Defendant owes and is indebted to the Plaintiff $41.53." It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendant the aforesaid sum of $41.43 together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
p 336.
Hiram Hyden Plaintiff
vs Slander and False Imprisonment
William Breedlove Defendant
Now at this day come the Plaintiff in this cause by his attorney and it appearing to the satisfaction of the Court that the Plaintiffs petition and writ had been served fifteen days before the ccooencement of this term of this Court, and the said Defendant having failed to answer or derntir and the said Defendant having been three times solemnly called come not but makes default, it is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his damages by him in this behalf sustained by reason of the said grievances in his said petition mentioned together with his costs of this suit in this behalf laid out and expended and inasmuch as it does not appear to the Court here what damages has been sustained by the Plaintiff by reason of the commission of the said several grievances in Plaintiff's petition mentioned and that the Court may be informed of the same it is ordered that a Jury of twelve men be summoned to appear at the next term of this Court to ascertain the same to which time this cause is continued.
p 337.
Indictments by State of Missouri for gaming against:
Eli Armstrong
John Gott
Harrison Painter
John Cox
Deverin Jarrett
Carrick Akin
82
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849.
p 338/339.
Crabtree Price, et al
Petition for Partition
Exparte.
Now at this day is filed in Court the Exparte of the Commissioners appointed by the Court to make partition of the SE 1/4 of Sect 13 Township 29 of Range 20 W containing one hundred and sixty acres between Crabtree Price and the several heirs and distributes of Faith Darnell, deceased, and also to make partition of the Real Estate of said deceased among the several heirs and distributes, to wit: Denny Turner in right of JohnG. Cardwell and Faith Cardwell wife of the said John G. formerly Faith Darnell and Elizabeth Darnell, Susan Darnell, Nicholas Darnell, Lucy Darnell, Sarah Darnell, William Darnell, Edward Darnell and Nancy Darnell, minor heirs of the said Faith Darnell, deceased, which said exparte is by the Court approved and in as much as it appears by said Exparte that the west half of said SE 1/4 o Sect. 13 Township 29 of Range 20 containing 80 acres has according to the Judgment of this Court been set off to Crabrree Price and the E 1/2 of said 1/4 has been set off to the heirs and distributes aforesaid and it further appearing to the Court that the Real Estate of the said Faith Darnell, deceased, as ascertained as aforesaid cannot be made partition of in kind according to the respective eighths of the aforesaid heirs and distributes, it is ordered and adjudged by the Court here that the said Crabtree Price be invested with all the Estate in and to the said West Half of said SE 1/4 Sect. 13 Township 29 Range 20 W with the rights and privileges thereunto belonging so far as the said several petitioners are concerned and that said several heirs and distributes be equally invested with the E 1/2 of the aforesaid 1/4 section, and it is further ordered that petition and the respective 80 acres of the parties that the said E 1/2 of the said SE 1/4 of Sect 13 Township 29 Range 20 and the aforesaid parcel of land being that portion of the SE 1/4 of the NE 1/4 of the aforesaid Section, Township and Range lying SE of the middle of the main channel of the James Fork of White River containing 15 acres 3 roods and 12 purchases be sold to the highest bidder on a credit of 6 months and that the several heirs and distributes viz Denny Turner in right as aforesaid and the said several minor heirs, to wit: Elizabeth Darnell, Susan Darnell, Nicholas Darnell, Sarah Darnell, William Darnell, Lucy Darnell, Edward Darnell and Nancy Darnell each receive one ninth part of the proceeds of such sales.
p 339. Monday Morning
State of Missouri Plaintiff
vs Indictment for Sabbath Breaking
Oscar Smith Defendant
Now at this day came the Circuit Attorney who prosecutes in behalf of the State of Missouri, the Defendant by his attorney being also present who for a plea says he cannot deny but that he is guilty in manner and form as charged in said Indictment and neither party requiring a Jury, the said cause is sulinitted to the Court, and the Court sitting as a Jury do assess a fine against the said Defendant in the sum of ten dollars. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended and that she have thereof execution with a clause of capias therein.
State of Missouri Plaintiff
vs Attachment
Eli Ammstrong Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri , the Defendant by his attorney being also present and it appearing to the satisfaction of the Court that the said Defendant had failed to obey the process of
(continued)
83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849
p 339 (continued)
this Court and all and singular the premises being seen and by the Court fully understood. It is considered that a fine of the sum of ten dollars be assessed against him for his contempt. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Eli Armstrong the aforesaid sum of ten dollars together with her costs in this behalf laid outand expended for all of which execution containing a clause of capias therein.
p 340.
State of Missouri Plaintiff
vs Attachment
James Wilson Defendant
Now at this day come the Circuit Attorney who prosecutes in Behalf of the State of Missouri, the Defendant by his attorney being also present and it appearing to the satisfaction of the Court that the said Defendant had failed to obey the process of this Court and neither party requiring a Jury and all and singular the premises being seen and fully understood by the Court, it is considered by the Court that a fine of the sum of ten dollars be assessed against him for his contempt. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf laid out and expended for all of which execution may issue with a clause of capias therein.
State of Missouri, to use of Isaac Woods as Administrator
vs Debt
William Townsend, et al
Now at this day come the parties by their respective attorneys and thereupon came a Jury to wit: Larkin Payne, John Dixon, John Hopkins, Joseph Burden, William L. Herrington, Richard Gott, John Hunt, Albert Shaw, Burwell Tisdale, Wilson Hackney, Z.W. Rountree and William Crumpley, twelve good and lawful men duly elected tried and sworn well and truly to try the issue and not having sufficient time to complete the same was by the Court discharged under the usual charge until tomorrow morning 8 o'clock.
p 340/341 Tuesday Morning.
State of Missouri Plaintiff
vs Indictment Sabbath Breaking
Franklin Miller Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri, the Defendant in this cause being also present for a plea thereto says he is guilty in manner and form as charged against him in said bill of indictment and neither party requiring a Jury the Court sitting as a Jury do assess a fine against him of the sum of one dollar. It is therefore considered by the Court that said State of Missouri have and recover of and from the said Franklin Miller the aforesaid sum of one dollar together with her costs and charges in this behalf laid out and expended and that she have thereof execution with a clause of capias therein.
p 341.
State of Missouri Plaintiff
vs Indictment for being Accessory in Abandoning an Infant
John Burns Defendant
Now at this day come John Burns as principal and J.F. Burns, Nelson Baker, Robert Burns, William Burns and John Fullerton, his securities and acknowledged themselves to owe and stand justly indebted unto the State of Missouri in the sum of $1000 to be levied of (continued)
84
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849
p 341 (cont)
their respective goods and chattels lands and tenements to be void upon this condition that if the said John Burns shall make his personal appearance at the Court House in the city of Springfield on the second Monday in January, 1850, before the Honorable Judge of the Circuit Court then and there to answer unto the State of Missouri in an Indictment found against him at this term of this Court as an accessory in exposing an infantu under 6 years old and not depart the same without leave and also obey all the orders of said Court which shall be made touching the premises then the above recognizance to be void otherwise to remain in full force power and effect.
State of Missouri Plaintiff
vs Indictment for Being accessory in Abandoning an Infant.
John Burns Defendant
Now at this day come Melinda Crosslin and acknowledged herself to owe and stand justly indebted to the State of Missouri in the sum of $200 to be levied of her goods and chattels lands and tenements to be void upon this condition that if the said Malinda Crosslin shall make her personal appearance at the Court House in the city of Springfield before the Honorable Judge of the Circuit Court on the second Monday in January 1850, then and there to testify and the truth to say in a cause then and there pending wherein the State of Missouri is Plaintiff and John Burns Defendant on the part of the State of Missouri and not depart without leave then this obligation to be void otherwise to remain in full force and effect.
State of Missouri Plaintiff
vs Appeal J.P.
William Hancock Defendant
Now at this day come the Appellant in this cause by his attorney and says by.leave of the Court he will no further prosecute his said Appeal but will voluntarily suffer the same to be dismissed. It is therefore considered by the Court that the same be dismissed and that he take nothing by his said Appeal, that the said State of Missouri have and recover of and from the said Appellant his costs and charges in this behalf expended for all of which execution may issue.
p 342, 343, 344 - nil.
p 345.
State of Missouri Plaintiff
vs Indictment for Gaming
Manly Cox Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri, the Defendant being also present and for a plea thereof says he cannot deny but that he is guilty in manner and form as charged against him in said Indictment and neither party requiring a Jury said cause is submitted to the Court and the Court setting as a Jury do assess a fine against said Defendant in the sum of $10. It is therefore considered by the Court that the said State have and recover of and from said Defendant the aforesaid sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue with a clause of capias inserted therein.
State of Missouri Plaintiff
vs Indictment for Gaming
Oscar Smith
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri, the Defendant being also present and for a plea thereof says he cannot deny but that he is guilty in manner and form as charged against him in said Indictment and neither party requiring a Jury said cause is submitted to the Court and the Court
(continued)
85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849
P 345 (continued)
setting as a Jury do assess a fine against said Defendant in the sum of $10. It is therefore considered by the Court that the said State have and recover of and from said Defendant the aforesaid sum of $10 together with her costs in this behalf laid out and expended for all of which execution may issue with a clause of capias inserted therein.
p 346.
State of Missouri Plaintiff
vs Attachment
Eli Armstrong Defendant
Now at this day come the Defendant in this cause by his attorney and moves the Court to remit the fine of $10 assessed against him at this term of this Court, and all and singular the premises being seen and by the Court fully understood it is considered by the Court that five dollars thereof be remitted and that the said State of Missouri have and recover of and from the said Defendant the sum of five dollars only, together with her costs and charges hereof expended for all of which execution with a clause of capias inserted may issue.
State of Missouri Plaintiff
vs Attachment
James Wilson Defendant
Now at this day come the Defendant in this cause by his attorney and moves the Court to remit the fine of ten dollars assessed against him at this term of this Court, and all and singular the premises being seen and by the Court fully understood it is considered by the Court that five dollars thereof be remitted and that the said State of Missouri have and recover of and from the said Defendant the sum of five dollars only, together with her costs and charges hereof expended for all of which execution with a clause of capias inserted may issue.
State of Missouri Plaintiff
vs Attachment
John Cox Defendant
Now at this day come the Defendant in this cause by his attorney and moves the Court to remit the fine of ten dollars assessed against him at this term of this Court, and all and singular the premises being seen and by the Court fully understood it is considered by the Court that five dollars thereof be remitted and that the said State of Missouri have and recover of and from the said Defendant the sum of five dollars only, together with her costs and charges hereof expended for all of which execution with a clause of capias inserted may issue.
State of Missouri Plaintiff
vs Attachrnent
John Edwards Defendant
Now at this day come the Defendant in this cause by his attorney and moves the Court to remit the fine of ten dollars assessed against him at this term of this Court, and all and singular the premises being seen and by the Court fully understood it is considered by the Court that five dollars thereof be remitted and that the said State of Missouri have and recover of and from the said Defendant the sum of five dollars only, together with her costs and charges hereof expended for all of which execution with a clause of capias inserted may issue.
86
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
November Court 1849
p 347.
G.W. Kelley by P.H. Edwards
to Deed
William B. Edwards
Now at this day comes P.H. Edwards who is personally known to the Court to be the person whose name appears to a Deed by him presented and also known to the Court to be the Deputy of George W. Kelley who is Sheriff of Greene County and acknowledged the said deed conveying the N 1/2 of Lot No. 18 in Block No. 5 situate in the town of Springfield to be his act and deed for the purposes therein mentioned.
George W. Kelley
to Deed
William H. Sewell
Now at this day come G.W. Kelley who is personally known to the Court to be the same person whose name appears to a Deed of Conveyance by him presented conveying William H. Sewell, the E 1/2 of the NE 1/4 of Sect. No. 18 in Township No. 30 Range No. 23 and acknowledged the same to be his act and deed for the purposes therein mentioned.
p 348.
John Delaney Plaintiff
vs Petition to Foreclose Mortgage
Richard S. Williamson Defendant
Now at this day the Plaintiff by his attorney appeared in Court and the Defendant appeared not although thrice solemnly called but made default. And it being prooved here that publication of the institution of this suit has been made according to law. It is therefore considered by the Court here that the said Defendant doth confess the said petition to be true and the said demand of the Plaintiff being founded on an instrument of writing the Court do find that the said Defendant is indebted to the said Plaintiff in the sum of $1638, the amount of the note first mentioned in the said petition for his debt plus damages for the detention thereof. And the Court also find that the following Real Estate is mortgaged to the said Plaintiff by said Defendant to secure the payment thereof, to wit, the N 1/2 of the SW 1/4 of Sect No. 1, lot No. 1 NE fractional 1/4 of Sect No. 1 Lots one, two and three, NW fractional 1/4 of Sect No. 1 lot No. 4 NW fractional 1/4 of Sect No. 1 NE fractional 1/4 of Sect. No. 2 lots No. two and three NE fractional 1/4 of Sect. No. 2 Lot No. 4 NE fractional 1/4 of Sect No. 2 Lot No. 6 NE fractional 1/4 of Sect No. 2 Lots No. four and five NW fractional 1/4 of Sect No. 2 the NE 1/4 of theSE 1/4 of Sect. No. 2. The NW 1/4 of the SE 1/4 of Sect. No. 1 containing 1118 acres and eightyeight onehundredths all in Township No. 29 of Range 24 W. The Court also finds that the said Defendant is indebted to the said Plaintiff in the further sum of six hundred dollars, the amount of the note last mentioned in said petition for his debt and also ______ damages for the detention thereof. It is therefore considered by the Court here that the said Plaintiff have and recover of and from the said Defendant the said sums of money together with his costs and charges in this behalf laid out and expended. It is further considered by the Court that the equity of redemption of the said Real Estate be forever foreclosed, and that the said Real Estate be sold to satisfy the said amount due on said first mentioned note with interest and cost, and that an execution issue directed to the Sheriff of said County of Greene, commanding him,the said Sheriff to levy the amount the amount of said first mentioned note `with interest and costs of said Real Estate or so much thereof as will satisfy said Mortgage Debt and to levy the residue of the remainder of any of said lands.
87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CAEES
Book C.
November Court 1849
p 349.
State of Missouri to the use of Isaac Woods as Admin. of Estate of George Rainey, Deceased
against Debt on Bonds
William Townsend, et al
Now at this day come the parties in this cause and the Plaintiff by leave of the Court took a non-suit in the ab0ve cause with leave to move to set the same aside. Wherefore it is considered by the Court that the said Defendants have and recover of and from the said Isaac Woods, as administrator of the said estate, their costs and charges in this behalf laid out and expended for all of which execution may issue.
p 349.
NOVEMBER 1849 COURT ADJOURNED.
88
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